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20121202
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Search Results 0 to 10 of about 11 (some duplicates have been removed)
challenge the defense of marriage act. doma is known as the 1996 law enacted by president clinton that ordered the federal government to recognize only marriages between a man and woman. in the intervene years since clinton passed the law, american attitudes have shifted. 2012 set to go down as one of the most successful years ever for the gay right movement. marriage equality advocates won at the ballot box when maine, maryland and washington voted to join six other states and district of columbia in permitting same-sex marriage and the year that president obama became the first sitting president to publicly endorse gay marriage, a powerful sign that once politically sensitive issue has moved firmly into the mainstream. frank, you have, i thought, an incredibly moving and compelling op-ed in "the new york times" talking about doma and the thing that struck me is how far the country has come in a relatively short period of time. just because i was interested in comparing it to interracial marriage, in 1958, gallup showed that 4% of the country approved of interracial marriage. by
on the issue of same-sex marriage. the high court decided to hear two cases, one, doma, the defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state. now the court's expected to hear arguments in march, with a ruling by late june. and the decision to take on the issue comes just weeks after voters in three more states approved same of sex marriage. joining me now, cnn's legal analyst jeffrey toobin. how big is this? put this in perspective. >> huge. this is really a major event in american history, not just court history. same-sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from, you know, approximately 20% to 30% support in the '90s. now gallup poll showed 53%. exist polls showed 49%. now ark fears command close to a majority support. and now the supreme court may decide that same-sex marriage will be the law of the
or doma. the cases aren't expected to be decided until next june, the fact that they're weighing in on the debate will have a national effect. back at the table. kenji yoshino. donna edwards, bob herbert and joining us is ray kerry. the executive director of the guy and lesbian task force. i'm going to you kenji, you're always here to set my constitutional framework for me. it's going to be two cases, right? what's at issue in the two separate cases. >> i should do them in the order you presented them. the prop 8 case is about a state ban on same-sex marriage. so there are equal protection and due process challenges. what that means is, this violates the fundamental right of fairness of streeting gay and straight couples the same. you're denying us the fundamental right to marriage. there's a quality component and a rights component to it. if the supreme court goes big on that case, it could guarantee same-sex marriage as a law of the land. flipping the 41 states that currently don't have it and requiring them to have it. i don't think that's going to happen. on the other hand, i
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
important cases, prop 8 out of california and doma out of new york. a federal court recently overturned prop 8 after the measure passed by voters. the court will decide if doma violates the fifth amendment of equal protection under the law that applies to same-section couples legally married in other states. >>> today is a very happy day for same-section couples in washington state. it is the first day they can marry under the new law, legalizing gay marriage. couples began lining up for licenses early thursday morning. some courthouses opened up at midnight for the ceremonies to take place. several local judges also donated their time to marry the couples. ceremonies are expected all day today. >>> last week, washington state became the latest state to legalize marijuana and now businesses there are jumping on the opportunity to create more revenue for themselves and the state. fox has the details. >> reporter: the sign is an invitation to come inside frankie's sports bar and light up a joint. in between pool shots, that's just what herald caldwell does. >> this is my favorite place to go a
's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. if that's struck down, does that mean same-sex marriage is for all intensive purp
Search Results 0 to 10 of about 11 (some duplicates have been removed)